Reforms to English civil court witness statements to proceed – OUT-LAW.com

Posted December 12th, 2019 in drafting, evidence, news, witnesses by tracey

‘”Modest” proposals to standardise witness statements and improve compliance with the rules have been endorsed in principle by the Business and Property Courts (BPC); the specialist courts of the High Court of England and Wales.’

Full Story

OUT-LAW.com, 12th December 2019

Source: www.pinsentmasons.com

Adverse Inferences Drawn From Failure to Adduce Noise Surveys: Brian MacKenzie v Alcoa Manufacturing (GB) Ltd [2019] EWCA Civ 2110 – Parklane Plowden Chambers

Posted December 10th, 2019 in causation, evidence, industrial injuries, news, noise by sally

‘The Claimant brought a claim for noise induced hearing loss (“NIHL”) which he alleged was caused by exposure to excessive levels of noise in the course of his employment with the First Defendant at the Second Defendant’s premises at various times between 1963 -1976. ‘

Full Story

Parklane Plowden Chambers, 5th December 2019

Source: www.parklaneplowden.co.uk

“Over-lawyered” witness statements set for limited reform – Litigation Futures

Posted December 9th, 2019 in consultations, evidence, legal profession, news, statistics, witnesses by sally

‘Witness statements are “over-lawyered” and too long and argumentative, a Commercial Court working group has found, but it has shied away from recommending radical reform.’

Full Story

Litigation Futures, 9th December 2019

Source: www.litigationfutures.com

Jeremy Bamber lawyers challenge CPS over withheld evidence – The Guardian

‘Lawyers representing Jeremy Bamber, who is serving a whole life sentence for killing his adoptive parents, sister and her six-year-old twin boys in 1985, have launched a high court challenge to the Crown Prosecution Service for its failure to disclose evidence they say would undermine the safety of his conviction.’

Full Story

The Guardian, 8th December 2019

Source: www.theguardian.com

Torture charges against former Liberia leader’s ex-wife dismissed – BBC News

Posted December 6th, 2019 in conspiracy, evidence, news, rape, torture, war crimes by sally

‘Torture charges against the ex wife of former Liberian president Charles Taylor have been dismissed at the Old Bailey.’

Full Story

BBC News, 6th December 2019

Source: www.bbc.co.uk

Blow for Richard Freeman case after Sutton evidence ruled admissible – The Guardian

Posted December 6th, 2019 in admissibility, doctors, drug abuse, evidence, news, professional conduct, sport by sally

‘Shane Sutton’s evidence at the hearing of former Team Sky and British Cycling doctor Richard Freeman is admissible, a tribunal has ruled.’

Full Story

The Guardian, 6th December 2019

Source: www.theguardian.com

Covert recording in a PI claim: ramifications for Employment Tribunals? – 3PB

‘On 21 January 2014, a road traffic accident took place in Milton Keynes (liability having been conceded). The Claimant’s (hereinafter referred to as “C”) Honda Jazz was struck from behind by a Fiat Punto; there are 3 defendants (referred to collectively as “D”).’

Full Story

3PB, 4th November 2019

Source: www.3pb.co.uk

Legal advice privilege – 3PB

Posted December 4th, 2019 in admissibility, disability discrimination, evidence, news, privilege, redundancy by sally

‘The Claimant was employed as a Senior Legal Counsel by Shell until his dismissal, allegedly for redundancy, in January 2017. Whilst employed by Shell, he submitted a grievance and commenced an employment tribunal claim (“the First Claim”) for disability discrimination. In March 2017, he commenced a second ET claim (“the Second Claim). In broad terms, he alleged that Shell relied on a planned re-organisation of its in-house legal department as a pretext by which to terminate his employment by way of redundancy such that his dismissal was unfair, and that this was also unlawful discrimination and victimisation as a result of the First Claim and his grievance.’

Full Story

3PB, 4th November 2019

Source: www.3pb.co.uk

Legal Advice Privilege and Dismissal – Littleton Chambers

Posted November 19th, 2019 in admissibility, evidence, news, privilege, unfair dismissal by sally

‘Two recent cases have cast light on the issue of legal professional privilege in employment disputes.’

Full Story

Littleton Chambers, 12th November 2019

Source: www.littletonchambers.com

Late Service of Evidence during Stage 3 of the MOJ Protocol – Park Square Barristers

Posted November 19th, 2019 in evidence, news, personal injuries, service, time limits by sally

‘The Claimant, Mr Blair, suffered an accident at work resulting in personal injury. He submitted an EL1 Claims Notification Form, following Stage 1 of the MOJ Protocol for Low Value Employers’ Liability Claims. Liability was admitted. The parties thereafter unsuccessfully attempted to agree damages as part of Stage 2 of the Protocol and the case moved to Stage 3.’

Full Story

Park Square Barristers, 19th November 2019

Source: www.parksquarebarristers.co.uk

Late evidence does not mean automatic protocol exit – Litigation Futures

Posted November 15th, 2019 in appeals, civil procedure rules, costs, damages, employment, evidence, news, pre-action conduct by tracey

‘A circuit judge was wrong to find that an employer’s liability claim automatically exited the pre-action protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 14th November 2019

Source: www.litigationfutures.com

Marshalling evidence in special educational needs cases – Local Government Lawyer

Posted November 8th, 2019 in evidence, learning difficulties, news, special educational needs by tracey

‘John Roberts reports on a successful result obtained by a local authority in the Special Educational Needs Tribunal.’

Full Story

Local Government Lawyer, 8th November 2019

Source: www.localgovernmentlawyer.co.uk

Lump sum damages approved after judge finds lack of earnings evidence – Law Society’s Gazette

Posted November 7th, 2019 in appeals, compensation, damages, employment, evidence, news, personal injuries, remuneration by tracey

‘The Court of Appeal has upheld a judge’s decision to award lump sum damages on the basis of a lack of evidence about future earnings.’

Full Story

Law Society's Gazette, 7th November 2019

Source: www.lawgazette.co.uk

When “maybe” isn’t good enough: orders for production of journalistic material – Panopticon

Posted October 30th, 2019 in disclosure, evidence, investigatory powers, media, news, police by sally

‘The efforts of the Beeb in the Divisional Court have clarified the conditions to be satisfied before a Court can require journalistic material be produced in criminal cases.’

Full Story

Panopticon, 29th October 2019

Source: panopticonblog.com

Joint article by The Hon Mr Justice Mostyn: Probability reasoning in judicial fact-finding – Courts and Tribunals Judiciary

Posted October 29th, 2019 in evidence, judiciary, news, reasons by tracey

‘Joint article by The Hon Mr Justice Mostyn: Probability reasoning in judicial fact-finding.’

Full Story

Courts and Tribunals Judiciary, 29th October 2019

Source: www.judiciary.uk

Prosecutors reconsider prosecuting members of Isil ‘Beatles’ gang in the UK – Daily Telegraph

‘The Crown Prosecution Service (CPS) is to reconsider its opposition to putting on trial in the UK a pair of British Islamic State terrorists who were members of so-called “Beatles” cell.’

Full Story

Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Public inquiry to be held into Manchester terror attack to allow security services to give evidence – Daily Telegraph

‘A public inquiry will be held into the Manchester Arena terror attack so that evidence from the security services and counter-terrorism police can be heard in camera.’

Full Story

Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Vos: Woolf reforms were “inadequately revolutionary” – Litigation Futures

Posted October 22nd, 2019 in civil procedure rules, dispute resolution, evidence, expert witnesses, news by tracey

‘The Woolf reforms were “inadequately revolutionary” and have left behind a civil litigation system which is “too expensive, too time-consuming and inadequately accessible”, the Chancellor of the High Court has said.’

Full Story

Litigation Futures, 22nd October 2019

Source: www.litigationfutures.com

Push for tougher line on witness statements – Law Society’s Gazette

Posted October 18th, 2019 in drafting, evidence, news, reports, witnesses by tracey

‘Initial proposals for the reform of witness statements are due to be considered by the senior judiciary in November, a High Court judge said this week. Mr Justice Baker, a member of the Witness Evidence Working Group, told delegates at the Law Society’s Commercial Litigation Conference on Tuesday that the group has now completed its report, which is due to be considered by judges at a “higher pay grade” next month.’

Full Story

Law Society's Gazette, 18th October 2019

Source: www.lawgazette.co.uk

Children: Private Law Update (Autumn 2019) – Family Law Week

Posted October 18th, 2019 in appeals, children, contact orders, costs, evidence, family courts, identification, news, paternity by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

Full Story

Family Law Week, 13th October 2019

Source: www.familylawweek.co.uk